Austin Car Accident Lawyer

Car Accident Lawyer Austin

How an Austin car accident attorney can help you?

Car accidents are frequently the result of the carelessness of other drivers, and because your recovery may be determined by your capacity to obtain just compensation, you should have an experienced Austin personal injury lawyer on your side.

There are a lot of careless drivers on the road. It can be very dangerous when these drivers are negligent and cause an accident. If you are injured in a car accident, getting professional legal help from an experienced Austin car accident lawyer is essential.

These are just some of the types of cases we handle:

Hiring an Austin car accident lawyer can get you maximum compensation and help take some of the burdens off you so you can recover from your stress and injury.

Why should I hire a car accident lawyer near me?

You may consider hiring a lawyer outside of Austin these days with virtual meetings. But while it might seem viable, it’s best to keep your attorney inside the city limits. The legal teams know the area and can come to you should you need a face-to-face meeting.

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Should I get a lawyer for a minor car accident?

It is difficult to know if a car accident is a minor right after it happens.

Injuries may not show up for days or even weeks later. It can be hard to guess the full extent of the accident.

An Austin auto accident lawyer can help you protect your right to fair compensation.

Get a free claim evaluation to protect your legal rights.

4 Parts to Prove Driver Negligence in a Car Accident Claim

The four parts that must be present to bring a successful car accident claim include:

  1. Duty of Care: The duty of care is generally simple to establish since every motorist on the road accepts a great deal of responsibility for the safety of everyone else on the road while driving.
  2. Breach of Duty of Care: To succeed in a negligent driving case, you must prove that the other driver breached his or her duty of care. Typically, this implies that he or she engaged in dangerous driving behavior.
  3. Cause of Your Injuries: Although the other vehicle’s carelessness is significant, it isn’t enough to pursue a vehicle accident claim. You must show that the other driver’s carelessness directly caused your injuries.
  4. Damages: You can sue the other driver if their negligence caused you injuries. Your injuries must have caused financial losses and/or bodily harm to win.

If any of these four factors are present in your automobile accident claim, you may proceed with your efforts to obtain compensation.

Car Accident Liability

Liability is a vital part of pursuing a car accident claim. This means that the defense attorneys for all drivers involved in the accident will tell their clients to avoid accepting fault.

There are different types of accidents. Some accidents only involve the drivers who were involved. But sometimes other people are involved too, like those who maintain the road or a company that owns the car.

  • Company Vehicle: An employer may be held responsible for accidents and injuries caused by an employee who drives a truck or travels as part of his or her job. For example, an injured person might sue the driver and/or the cab company in a taxi cab accident.
  • Defective Automotive Product: Some accidents are caused by a defective car part or because the installation or design of the car was not done properly. If this has happened to you, your accident lawyer may advise you to file a product liability lawsuit against the manufacturer of the defective parts.
  • Road Maintenence: When road construction workers fail to appropriately handle roadside hazards, they may be liable for personal injury accidents.

An experienced automobile accident lawyer in Austin will examine each detail of a vehicle collision to see whether a plaintiff has the potential to receive the highest compensation.

Determining liability will begin the process of an automobile accident claim.

Citation: TITLE 4. LIABILITY IN TORT CHAPTER 72. LIABILITY OF MOTOR VEHICLE OWNER OR OPERATOR

Driving into downtown Austin

How long does it take to file a lawsuit after a car accident?

Most personal injury claims are unique, but most cases take between 6 and 18 months to completely resolve.

Even a minor automobile accident might linger on for years if liability or the extent of damages are disputed.

Is it necessary to report a car accident?

To obtain a police report after a vehicle accident in the Austin region, you must first establish that there is a report. There will only be a police report if someone reported the accident directly to the police after leaving the scene, usually one or both of the drivers.

In reality, while many people fail to do so, Texas law commands that most vehicle collisions be reported to the Texas Department of Transportation within ten days of the accident if the police do not respond.

This is true even if the police were called but didn’t come.

If there are no injuries and the property damage is less than $1,000, you do not have to file a report.

Filing a Report with Texas DOT

A CR-2 form, commonly known as a blue form, is required to report a vehicle accident with the Texas Department of Transportation. This is the only method permitted by Travis County for reporting a car accident. Travis County may attend to the site of an accident but will complete the CR-3 form, standardized by the state of Texas.

Citations: Online Crash Report Form, Austin Gov Crash FAQ,

 

What to do after a car accident in Austin?

  1. Check that Everyone Involved is OK: If you are in a car accident, you first need to make sure that you, your passengers, and any other passengers are okay. Call an ambulance immediately if anyone needs more medical help than what a first aid kit can give. The health and safety of everyone involved are very important after a car accident.
  2. Call the Police: If you are in a car accident, even a minor one, it is always a good idea to call the police. This is because the police can help with insurance issues, even if you are at fault. Usually, the police will not come unless the accident is more severe or someone is injured. However, it is better to try and call them just in case. If they do arrive at the scene of an accident, they can determine who was at fault. A filed police report can help you with insurance down the line, even if you get a ticket for the accident.
  3. Swap Insurance Information: You should always exchange insurance information after a car accident if everyone is not seriously injured. This is so that everyone knows who is responsible for the accident. You should also copy all the information and take photos of the other person’s insurance card just in case you lose your written copy. If the other driver does not have insurance, you should file a claim with your insurance company as soon as possible. You should write down the full name, phone number, address, insurance company name, client number, and license plate number if you are in an accident. This will help you get compensated if needed or give information if it is needed.
  4. Gather Evidence: It is a good idea to always have a small camera in your glove compartment or a phone with a camera on it. This way, if there is an accident, you will be able to record all the damage that was done. You should take photos of your car and the other cars involved in the accident.

After you have recorded the scene and swapped insurance information, it will be time to file a car accident claim with your insurance agency. But first, contact a personal injury lawyer for a free case evaluation.

Car accident lawyers primarily work on contingency, giving prospective clients free case evaluations. Use this free service to get an idea of your legal rights before you file your car accident claim with your insurance company.

Don’t comment at the scene of the accident.

Do not apologize when speaking with the other driver or anyone else at the scene. Many individuals apologize as a reaction to a vehicle accident, but it’s most likely because they are sorry that the accident occurred.

However, the other driver and their insurance company may try to take advantage of this courteous response as an admission of guilt.

It’s also a good idea to avoid discussing liability with anyone at the scene. While you’ll need to provide the officer with detailed information regarding the accident, you should avoid addressing who was at fault or driving the other vehicle.

Do not admit fault.

Do not be pressured into admitting liability if you are unsure or the other driver claims you are responsible. The cause of the auto accident may be very complicated, and the liable party may not be who it appears to be.

Austin Texas Arial View

What injuries can be caused by a car accident?

An auto accident lawsuit may cover a wide range of injuries resulting from the incident. The most frequent injuries in a car accident lawsuit are:

  • Whiplash
  • Broken Bones
  • Cuts, Scrapes, and Bruises
  • Internal Bleeding
  • Traumatic Brain Injuries (TBI)
  • Spinal Cord Injuries
  • Knee Injuries
  • Back Injuries
  • Burns
  • Post-Traumatic Stress Disorder (PTSD)

What if my injuries are minor?

If you think somebody else got hurt, always request medical assistance. Even if the injury seems minor, it’s a good idea to get checked out by a doctor. Oftentimes, people don’t realize how badly they’re injured until after the adrenaline from the accident has worn off.

Many common types of injuries sustained in car accidents may not be felt for hours or even days. This is common with injuries that typically result from a car accident, such as injuries to the neck and back.

You should go to the hospital right away if you are injured. Letting a doctor or other medical professional assess the extent of your injuries is the only way to know how injured you are. Your injuries may be worse than you think. And leaving the scene without getting them evaluated could put you at risk of severe complications.

If you wait to get medical treatment, the other driver’s insurance company may try to say that you were not injured.

Follow Your Doctor’s Instructions Carefully

It is crucial to follow your doctor’s instructions meticulously to reduce the damage you sustain and recover more quickly.

Seeking immediate medical care can also assist you in defending your claim. It establishes a link between the injuries and the car crash. Having this link is critical to the potential success of your claim since the insurance adjuster might attempt to argue that your injuries were caused by something else.

Your Medical Records Are Evidence

Keeping a record of your medical appointments can be very important if you need to take legal action. This is because your medical records can contain important information, like what treatments you have received.

  • Your Medical Condition
  • Treatment Duration
  • Linking Your Injuries To The Crash
  • Changes To Your Life From The Injuries
  • Defining Future Medical Needs
  • Documentation of your pain and suffering

Make sure you keep track of all your medical records and bills. You will need to provide them to your injury lawyer.

Cost of medical care

An experienced car accident lawyer in Austin can assist you in recovering past and future anticipated medical costs if you incurred any medical expenses due to an accident. According to Texas law, a defendant is legally required to reimburse the reasonable cost of medically necessary expenditures incurred as a consequence of the collision.

It is the responsibility of the plaintiff to demonstrate that prior expenditures are appropriate and necessary. In addition, the plaintiff must show that medical expenses were required to resolve injuries caused by the defendant.

Your lost earnings

You may be entitled to compensation for lost earnings if you have been out of work due to a vehicle accident and have had to take paid time off. Economic harm is defined as the loss of income; there are limits on non-economic damages that do not apply.

If you have catastrophic injuries that negatively affect or limit your ability to work or continue in your present position, you may be eligible for future income loss earning capacity damages.

In a personal injury lawsuit in Austin, Texas, the plaintiff, or the injured party, must establish that any past or future lost income was due to the defendant’s negligence. The injured individual must show by a preponderance of the evidence that the negligent actor caused his or her injuries and prevented him/her from working for a while.

Since there are no pay stubs for future earnings, it might be more difficult to establish future job losses. Rather than considering evidence of whether a person’s injuries were so severe that they would prevent them from doing the same kind of work in the future, juries consider proof of how terrible someone’s injuries were.

Downtown Austin Texas

Tell me the Texas Statute of Limitations for Car Accidents?

In Texas, there is a time limit, also known as the statute of limitations, for victims of personal injury to file a claim. For car accidents, this time limit is two years from when the injury occurred.

It is important to remember the statute of limitations if an injured victim decides to file an injury claim. Injured victims that fail to file a suit within the two-year time frame risk losing the option to file a civil suit against a potential defendant.

To ensure that accident victims do not miss the deadline to file a case, it is of utmost importance to discuss the facts and details of a case as quickly as possible after personal injuries are sustained. Talking to an attorney shortly after the accident allows a legal team to begin to conduct the necessary research and build a case while the accident is fresh in a victim’s mind.

Our attorneys are here to handle the legal work, research, negotiate with insurance companies, assess damages relating to medical and emotional tolls and consult with reconstruction experts to establish the cause of the car accident. After an auto accident, victims should focus on what’s most important- recovery. Our attorneys can handle the rest.

Citation: Texas Civil Practice and Remedies Code – CIV PRAC & REM § 16.003. Two-Year Limitations Period

What damages can I recover after a car accident in Texas?

Every car accident is different, so it’s vital to have an experienced team of attorneys look at your case to determine its actual value.

Depending on how your accident has affected your life, we may seek compensation for you in the following ways:

  • Past & future medical expenses
  • Loss of wages now and in the future
  • Loss of wage-earning capacity
  • Reduced future earning capacity
  • Pain and suffering in the past & future
  • Mental anguish in the past & future
  • Physical impairment in the past & future
  • Physical disfigurement
  • Loss of household services in the past & future
  • Wrongful death
  • Survivorship damages

The first step in seeking not just the financial recovery you require to get your life back on track but also justice for you and your family’s total losses is to obtain legal help from an experienced Austin car accident lawyer.

What Is a Wrongful Death Claim After a Car Accident?

Wrongful death is a kind of personal injury lawsuit. The difference between it and other personal injury cases is that the injured party died, and their survivors filed the suit.

Immediate Family May File in Texas

In Texas, the law allows for a wrongful death lawsuit from the deceased’s spouse, children, or parents.

Siblings of the deceased may not bring forth a wrongful death suit.

Other members of the estate or people named in the will also can not file a claim.

To sue on behalf of a deceased person, you must be a legal adult and the legal child of the deceased. This means that someone who was adopted cannot sue on behalf of their deceased biological parent. The same is true for parents suing on behalf of their kids. They may sue only if the other person was legally recognized as their child.

Immediate family members have three months from the date of death to file a wrongful death lawsuit.

After that, only the personal representative has the authority to sue.

Personal Representatives May File

The personal representative is the individual in control of the deceased’s property. Depending on the circumstances, it might be an executor or administrator.

If the deceased’s immediate family does not file a lawsuit within 3 months of losing him or her, the representative has 2 years from the date of death to do so.

Citation: TITLE 4. LIABILITY IN TORT CHAPTER 71. WRONGFUL DEATH

Is it necessary to have auto insurance in Texas?

Texas also requires all vehicle owners to carry the following minimum levels of liability insurance coverage:

  • $30,000 for bodily injury liability per person per accident
  • $60,000 of bodily injury liability total per accident
  • $25,000 of property damage liability per accident

Remember that the minimum coverage levels required by law are the minimum. If you want to be fully protected in case of an accident, you may want to consider purchasing higher levels of coverage as part of your insurance policy.

Is Texas a Comparative Fault State?

In Texas, the courts use a rule called “modified comparative fault” to determine who is at fault in a car accident. If you are injured in an accident, you can make a claim against the other driver.

However, the fault assigned to each driver may reduce the total damages awarded.

This rule may come into play in your car accident case, even if you settle out of court.

What is Comparative Fault?

The laws surrounding automobile accident claims in Texas are incredibly intricate.

Texas follows the principle of modified comparative negligence, which holds that your losses will be decreased by a percentage based on your share of responsibility.

Furthermore, you will not be compensated if you are deemed more than 50% responsible for the incident.

Tell me the best way to recover if an at-fault driver doesn’t have insurance?

You can still pursue compensation for your injuries under your own uninsured/underinsured (UM/UIM) policy, even if the other motorist did not have insurance.

A UM/UIM claim is filed with your insurance provider if you have comprehensive coverage. You would pursue a claim against the driver’s insurance first, then file a UM/UIM claim with your insurance company if the other driver had minimum coverage and you incurred damages that exceeded the policy.

Examine your insurance policy language as soon after an accident as feasible to see what kind and varieties of coverage you have, such as UM/UIM insurance and PIP Insurance. If you have PIP coverage, you can claim it immediately and expect it to be paid out if your accident meets specific requirements.

If the other driver was uninsured or had only minimal insurance, you may have a brief period to submit a UM/UIM claim, typically no longer than 30 days. Texas insurance companies are not allowed to increase premiums on customers who file UM/UIM claims under state law. If you have UM/UIM coverage, you should make every effort to utilize it if required.

Contact a personal injury lawyer if you need help with your insurance provider.

Citation: Texas Insurance Code – INS § 1952.101

Austin Texas Auto Accident Statistics

  • One reportable crash occurred every one minute 7 seconds
  • There were 12,107 serious injury crashes
  • 205.498 persons were injured in motor vehicle traffic crashes

The same report noted that the fatality rate, number of vehicle miles travelled, and pedestrian fatalities all increased in 2020 despite the pandemic and lockdown.

How many fatal auto accidents occur in Texas?

Unfortunately, there were no deathless days on Texas roadways in 2020.

Texas Department of Transportation statistics for 2020 show:

  • One person was killed every two hours and 15 minutes in a crash
  • One person was injured every two minutes 34 seconds

Citations: Texas Motor Vehicle Crash Statistics – 2021, Texas DOT 2020, Texas.Gov

Causes of car accidents in Austin

According to recent statistics from the Texas Department of Transportation, car accidents in the Austin, Texas, region are an all too common.

As of 2020:

  • 12,974 car crashes occurred in Austin
  • 3,479 were distracted driving
  • 1,185 DUI accidents
  • 5,249 accidents from running red lights or yielding

Citation: Autin.gov Fatalities, Austin.gov 2018 Data, Austin.Gov

Hire A Car Accident Lawyer in Austin Texas

If you’ve been in a vehicle accident in the Austin, Texas, area and have queries relating to medical expenses, missed wages, vehicle repairs, or anything else connected to your injuries, we’re here to help.

Contact us today for a free legal consultation and case evaluation with an Austin car accident attorney!

 

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